Sunil Kumar Rai @ Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17476 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- MADHAURAH District- Saran ====================================================== SUNIL KUMAR RAI @ SUNIL RAI Son of Ramayan Rai Resident of Village - Takina, P.S.- Marhaura, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 326, 307, 504, 506 and 34 of the Indian Penal Code..

Allegation against the accused persons is that while the brother and nephew of the informant were returning, the accused persons abused them and on protest, they were assaulted due to which they sustained injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.1.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.17476 of 2019(3) dt.11-04-2019 2/2 implicated in the present case. There is case and counter case between the parties. The injury on the side of the accused persons has not been explained by the prosecution. The prosecution has not come with clean hands. The petitioner is also alleged to have sustained injury in course of occurrence. A free fight is alleged to have taken place. It is further submitted that the petitioner may be released after completion of six months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that after completion of six months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIII, Saran at Chapra in connection with Marhaura P.S. Case No. 293/2018.

(Sudhir Singh, J) Pankaj/- U T